WASHINGTON -- Supporters of California's Proposition 8 measure, which defined marriage as being between one man and one woman, are asking an appeals court to stay a federal judge's order allowing same-sex weddings to begin next week.
Chief U.S. District Judge Vaughn R. Walker said Thursday he would allow traditional marriage supporters to appeal his decision. However, he questioned whether they have the standing to do so since they're not affected by or responsible for implementing his ruling.
"The court considers only whether the party seeking a stay faces harm," Walker wrote in his order Thursday, "yet proponents do not identify a harm to them that would result from denial of their motion to stay."
Traditional marriage supporters now have until Wednesday to ask the 9th Circuit Court of Appeals to stop gay marriages from resuming until their appeals are heard.
Maggie Gallagher, president of the National Organization for Marriage, talks about the implications of this ruling, on Thursday's CBN Newswatch. Click here to watch.
Should the court deny the request, gay marriage opponents can ask the Supreme Court to intervene.
If that happens, U.S. Supreme Court Justice Anthony Kennedy, a California native and important swing vote on the court, would hear their arguments.
Some supporters of same-sex marriage were disappointed about having to wait until next week to be legally wed.
"It's disappointing, but it's one setback on a long road," gay marriage supporter Jeff Tabaco said.
Opponents of gay marriage have accused the Republican-appointed gay judge of activism from the bench.
"This is just a continuation of his judicial tyranny, to destroy the will he people, and to impose the will of the minority upon the majority," Prop 8 supporter Don Grundmann said.
Maggie Gallagher, president of the National Organization for Marriage, argued that the judge should have suspended gay weddings until the appeals process was completed.
"When you're a lower court judge and you make a totally unprecedented decision that you know will be appealed, you normally stay that opinion and let the higher courts work out the law," Gallagher told CBN News.
"Judge Walker's failure to do so just underscores this is just one more of the chances he had to act like a neutral referee and instead he has acted more like a partisan," Gallagher said.